1. This is an appeal arising out of execution proceedings. The decree that it is sought to execute was one passed by their Lordships of the Judicial Committee who had before them, on appeal, a claim made against one Rao Kishoresingh in a suit claiming inter alia specific performance. There were other alternative claims but they do not arise as under the main prayer it was decided that although specific performance should not be decreed compensation should be decreed. The compensation was in lieu of specific performance, and was granted instead of specific performance because their Lordships held that the circumstances were such that the plaintiffs could be adequately compensated in money. The circumstances were that Rao Kishoresingh was litigating as to the impartibility of the estate. In that litigation, the facts of which will be found in the opinion of the Judicial Committee reported in Kishore Singh v. Mt. Gahena Bai, 1919 AIR(PC) 100, Rao Kishore Singh was the plaintiff and was suing for a declaration that he was the sole heir of one Rao Himmat Singh. His claim raised and depended upon the question whether the Hindu joint family of which he, Rao Himmat Singh, and the d